4631. Adulteration of canned prunes and misbranding of canned cherries.   IT. S.
v. Verland V. Erntson, Charles A.  Walin, Roy L.   Walin, and Paul R. 
Walin (Silverton Canning; Co.).   Plea of guilty.   Fine, $30.    (F. D. C. No.
7757.    Sample Nos. 76734-E, 76949-E, 85613-E. 85614-E,)
On January 14, 1943, the United States attorney for the District of Oregon 
filed ah information against Overland V. Erntson, Charles A. Walin, Roy L. Walin, 
and Paul R. Walin, copartners trading under the name Silverton Canning Co., 
Silverton, Oreg., alleging shipment in interstate commerce within the period 
from on or about September 18 to December 17, 1941, from the State of Oregon 
into the States of Iowa' and Washington of a quantity of canned prunes that 
were adulterated, and of quantities of canned cherries that were misbranded. 
The articles were labeled in part: "Valley Home Brand Blue Plums (Prunes) 
* .*' * Distributed By Nash-Fineh Co. Minneapolis, Minn.," "Silver Falls 
Cherries Dark Red Sour Pitted, In Water," or "Silver Falls Cherries Red Sour 
Pitted   Choice Syrup."
The prunes were alleged to be adulterated in that they consisted in whole or 
in part of decomposed substances.
A portion of the canned cherries was alleged to be misbranded in that it pur- 
ported to be and was represented as canned cherries, a food for which a standard 
of quality had been prescribed by regulations promulgated pursuant to law, but 
its quality fell below such standard since more than 15 percent by count of the
cherries in the container were blemished with hail injury, scar, tissue, or other 
abnormalities, such as bird pecks, bruises, limb rub, surface cracks and scale, 
and its label failed to bear, in such manner and form as such regulations specify, 
a statement that it fell below such standard; and in that it was in package form 
and its label did not bear an accurate statement of the quantity of the contents, 
since the cans contained less than the amount declared on the label.
The remainder of the canned cherries was alleged to be misbranded: (1) In that 
the statement "choice syrup" borne on the label was false and misleading since 
it suggested that the article was packed in sirup, but it was packed in water. 
(2) In that it purported to be and was represented as a food for which a definition 
and standard of identity had been prescribed by regulations promulgated pur- 
suant to law, but it failed to conform to such definition and standard since such 
standard did not provide for canned cherries packed in water being designated as 
canned cherries packed in choice sirup and, further, since its label failed to bear 
the common name of the optional liquid packing medium present in the article, 
water. (3) In that it purported to be and was represented as a food for which 
a standard of quality had been prescribed by regulations promulgated pursuant 
to law, but its quality fell below such standard since more than 15 percent by 
count of cherries in the container were blemished with scab, hail injury, scar 
tissue, or other abnormalities such as bird pecks, bruises, limb rub, and surface 
cracks, and its label did not bear, in such manner and form as the regulations 
specify, a statement that it fell below such standard.
On March 3, 1943, pleas of guilty having been entered by the defendants, the 
court imposed a fine of $30 on the company.